Steve Moore

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A Big Change in the ANDA Litigation Paradigm: Lex Machina’s Legal Analytics

For those of you that do ANDA litigation, as well as other types of patent litigation, you know that ANDA litigation is very different. How a judge reacts to a particular motion in ANDA litigation is not necessarily how he or she might deal with the same motion in an electrical, mechanical or software case. Because of this substantial difference, Lex Machina decided to separately tag over 2,500 ANDA cases filed since January 1, 2000. Thus, for the first time, litigators can make decisions based solely on reviewing the ANDA cases that a specific judge has handled.

Identifying the Real Patent Extortionists: A Review of the Extortionist Demand Letter

Congress is on the cusp of passing legislation that is said to be designed to control the so-called “patent troll.” Of course, as belatedly recognized by the person who came up with the moniker “troll” in 1993, Peter Detkin (former Assistant General Counsel at Intel at the time), the word “troll” is often in the eye of the beholder. Indeed nearly every litigator will tell you that term “troll” is commonly used against any opponent in a patent litigation suit, much as Arthur R. Miller asserted that “a frivolous lawsuit is any case brought against your client, and litigation abuse is anything the opposing lawyer is doing.” Miller, Simplified Pleading, Meaningful Days in Court and Trial on the Merits: Reflections on the Deformation of Federal Practice, 88 NYU Law Rev. 286, 302 (2013).